HomeMy WebLinkAboutORD1336ORDINANCE NO. 1336
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING
ORDINANCE,BY ADDING NEW ARTICLE 26,PLANNED COMMUNITY
DISTRICTS;ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT
ENTITLED "APACHE JUNCTION CITY CODE,VOLUME II,LAND
DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE
26,PLANNED COMMUNITY DISTRICTS";REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the Arizona State Land Department is currently making
long range plans for the future use and disposition of
approximately 7,700 acres of state land,within the City's
jurisdiction under Urban Planning Permit No: 47-111550; and
WHEREAS, the City Council directed staff to develop a planned
community district to accommodate development of state lands
consistent with the City's General Plan; and
WHEREAS, the existing code requirements for the City of Apache
Junction do not accommodate master planned community standards for
large scale development; and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
copies of the code or public record are filed in the office of the
clerk of the municipality and are made available for public use and
inspection;
WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes
or public record include regulatory codes such as those relating to
Planned Community Districts; and
WHEREAS,it is the intent of the city to adopt this new
article by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1. That existing Apache Junction City Code, Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,is hereby
ORDINANCE NO. 1336
PAGE 1 OF 3
amended by adding new Article 26,Planned Community
Districts.
2. That certain document known as. "Apache Junction City Code,
Volume II,Land Development code,Chapter 1,Zoning
Ordinance,Article 26,PlannecLCommunity Districts",three
copies of which are on file in the office of the City Clerk,
which document was made a public record by Resolution No.
09-03 of the City of Apache Junction, is hereby referred to,
adopted and made a part hereof as if fully set out in this
ordinance, pursuant to A.R.S. §-9-802..
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR-SEVERABILITY
If any section,- subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS *7TH DAY OF -APRIL
2009.
SIGNED AND ATTESTED TO THIS 7TH DAY OF APRIL
ORDINANCE NO. 1336
PAGE 2 OF 3
, 2009.
ATTEST:
KATHLEEN CONNELLY
City Clerk
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APPROVED AS TO FORM:
C= e0 4 1 .1'09
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1336
PAGE 3 OF 3
APACHE JUNCTION CITY CODE,
VOLUME II,LAND DEVELOPMENT CODE,
CHAPTER 1,ZONING ORDINANCE,
ARTICLE 1-26,PLANNED COMMUNITY DISTRICTS
SECTIONS
1-26-1 INTENT
1-26-2 GENERAL PROVISIONS
1-26-3 APPLICATION REQUIREMENTS .
1-26-4 APPLICATION PROCEDURES
1-265 ADOPTION OF A PLANNED COMMUNITY DISTRICT
1-26-6 FINDINGS
1-26-7 FUTURE DEVELOPMENT
1-26-8 DEVELOPMENT AGREEMENT
1-26-9 AMENDMENTS AND ADJUSTMENTS
1-26-10 ADMINISTRATION AND ENFORCEMENT
1-26-11 'DEFINITIONS
1-26-1 INTENT
The Planned Community ("PC")District is intended to accommodate
large -scaled,yet unified,comprehensively planned developments
which conform with and enhance the policies and programs
contained within the Apache Junction General Plan.This
district is intended to provide an alternative zoning district
and development process to accommodate substantial developments
for residential,commercial,professional,industrial or other
activities,including combinations of uses appropriately
requiring flexibility under controlled conditions, not otherwise
attainable under conventional zoning districts so that the
following goals may be achieved:
A. To enhance the City's development and to promote the public
health, safety, and general welfare.
B. To provide within such areas a combination of land uses,
which may include a variety of residential types,
commercial,industrial, . public and -semi-public areas,
arranged and designed ' in accordance with sound site
planning principles and, development techniques; and in such
a manner as to be properly related to each other,the
immediate surrounding area;the planned transportation
system, and other public facilities such as water and sewer
systems, parks, schools and utilities.
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C. To encourage a more creative approach in the utilization of
land in order to accomplish an efficient,aesthetic,and
desirable development which may be characterized by special
features of the geography,topography,size or shape of a
particular property.
D. To establish planning and development control parameters
tailored to the opportunities and constraints of the
property while allowing sufficient flexibility to permit
final detailed planning and the precise distribution of the
approved density and intensity of the project at the time
of site plan or subdivision application submittal.
E. To provide reasonable assurances to the City and land
developer that the proposed development may be planned and
carried out in one or more phases over an extended period
of time,in accordance with an approved PC Development and
Standards Plan.
F. To assure that the PC District is developed in accordance
with a PC Development and Standards Plan.The PC
Development and Standards Plan shall be designed to fulfill
the goals established by the General Plan,provide
development standards promoting an appropriate balance of
land uses,and promote the planning of public facilities
designed to serve the projected population.
1-26-2 GENERAL PROVISIONS
A.Conformance with the General Plan.The uses proposed in
any PC District shall be consistent with and conform to the
Apache Junction General Plan.The Planning Manager shall
not recommend approval of any PC District unless the
Planning Manager has received a waiver claim under A.R.S.
12-1131 et seq.from the owner or owners of the property
that is the subject of the PC District.
B.Location of PC District.PC Districts may be established
on large parcels of land which, because of their ownership,
size,topography,or exceptional or unusual locational
characteristics/ are suitable for planned development in a
manner consistent with the purposes of this section. ,
C.Minimum PC District Area,
1. The minimum area required for a PC District is six
hundred forty (640)contiguous acres held under single
ownership at the time of application submittal or under
multiple ownership within a partnership as expressed
through written correspondence and signatures provided
with the PC application.
2. Areas within rights -of way may be included in the
computation of the minimum six hundred forty (640) acres.
D.Property Development Standards':All land uses in a PC
District shall be established within planned development
units.The PC District is intended to be combined with the
general property development standards of various zoning
districts in the Apache Junction Zoning Ordinance or as
modified in the approved PC Development and Standards Plan.
1. The proposed PC ,District shall comply with existing
overlay districts,except where modifications are
expressly authorized through an approved Development and
Standards Plan;
2. The proposed PC District shall comply with the existing
Apache Junction Subdivision regulations and other adopted
policies,guidelines,codes and ordinances of general
applicability and modifications shall be allowed pursuant
to governing provisions;
3. The proposed PC District may include modified property
development standards (contained within the zoning
ordinance)to address defined opportunities and
constraints related to the property,including,but not
limited to,building placement and height,minimum lot
size and parking area and landscaping.
E.Permitted Uses.Any use may be permitted in any specific
development unit within a proposed PC District provided
such use shall be specifically listed as a permitted use
and shall be located and conducted in accordance with the
approved Development and Standards Plan and other
applicable regulations.
F.Conditional Uses.Any use may be established as a
conditional use in any specific development unit within a
proposed PC District provided such use shall be
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specifically listed as a conditional use subject to the
provisions of the Apache Junction City Code,Volume II,
Land Development Code,Chapter 1,Zoning Ordinance,Article
6,Conditional.Use Permits and shall be located and
conducted in accordance with the approved Development .and
Standards Plan and other applicable regulations.
1-26-3 APPLICATION REQUIREMENTS
In addition to complying with the provisions of Apache Junction
City Code,Volume II,Land Development Code,Chapter 1,Zoning
Ordinance,Article 13,Amendments and Changes,each application
for a PC District shall be accompanied by a Development and
Standards Plan.The Development and Standards Plan shall,as
approved by the City Council,become a part of the applicable
zoning regulations within the respective PC District.
Subsequent changes to the Development and Standards Plan shall
be made in accordance with Apache Junction City Code,Volume II,
Land Development Code,Chapter 1,Zoning Ordinance,Article 13,
Amendments and Changes.
A. Development and Standards Plan.The Development and
Standards Plan shall describe the purpose,nature and
characteristics of the., proposed PC ,District including,but
not limited to,the proposed development unit use or uses
to be conducted in the district in a manner sufficient to
enable preparation and,. consideration of regulations
governing permitted and .tonditional :uses,site use and
other development regulations which may be appropriate to
govern development,use,and maintenance of the sites
included within the PC District.The Development and
Standards Plan must include a land use and circulation
system concept that is consiStent with the goals and
policies of the General Plan.The Development and
Standards Plan shall also include the following:
1. Contact list of key project team representatives
including the contact, owner, and developer.
2. Vicinity Map.
3. Legal description of the district boundary.
4.A statement by the applicant demonstrating the necessity
of the application for the PC District,including
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information demonstrating compliance with the findings
contained within Section 1-26-6.
5. Existing conditions map showing the use and general
condition of the land within the proposed PC District
boundary and adjacent lands for one mile.The map will
provide the total gross acreage, overall density proposed
and a delineation of major physical constraints or
opportunities,major environmental features,topography,
existing roads,trails,utilities,generalized location
of any hundred (100) year floodway and mapped stormwater
drainage conditions.
6. The delineation of development units including a parcel
matrix inclusive of each proposed development unit
indicating as appropriate:the approximate unit size in
acres,proposed allocation of land uses,the proposed
zoning district(s)(as further defined within the
Standards Report),and the maximum number of potential
dwelling units.
7. The parcel matrix shall also indicate the projected
maximum number of residential units and non-residential
square footage for each development unit with all land
use categories.
8. Such additional information as the Planning Manager may
prescribe as necessary,to facilitate review and action
on the application by the Planning and Zoning Commission
and the City Council.
9.A land use and circulation system concept that is
consistent with the goals and policies of the General
Plan,compatible with the environment,and capable of
being served by existing and planned public facilities
and utilities.The land use and circulation system
concept shall include the following:
a. The boundary of the proposed PC District.
b. The existing and proposed topographic character of the
land.
c. The approximate location Of each proposed land use
development unit.
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d. The approximate location of all proposed major and
minor arterial streets,including their proposed
connections to major streets identified on the
Circulation Map in the Apache Junction General Plan.
e. Major drainage elements.
f. All proposed public schools,parks and open space
areas.
g. Any trails and/or bikeways,including their proposed
connections to conceptual trail locations identified
in the Apache Junction Master Trails Plan and other
relevant documents.
h. Conceptual location of any significant historical,
cultural and archaeological features of the site,
including proposed methods to incorporate and preserve
such features into the proposed project.
10. Draft Drainage and Hydrology Report,
Arizona registered engineer.
11. Draft Water and Sewer.System Report,
Arizona registered engineer.
prepared by an
prepared by an
12. Draft Traffic Impact Analysis Engineering Report,
prepared by an Arizona registered engineer.
13. Such additional information -as the Planning Manager may
prescribe as necessary, to facilitate review and action
on the application by the Planning and Zoning Commission
and the City Council.
B. Development Schedule.The following schedule submitted
with the application for a PC ,District shall include the
following:
1.A schedule,indicating to the
knowledge,the approximate
construction or development
best of the applicant's
timeframe in which
is expected to begin,the
duration of time required for completion of the
development; and
2. Proposed phasing if the project will not be developed as
one (1)unit,including a plan for the interim use and
management of the undeveloped phase or phases.
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1-26-4 APPLICATION PROCEDURES
A. The applicant shall meet with the Planning Manager prior to
making an application for a PC District to discuss the
development concept,the review and approval process,and
the submittal requirements.
B. The applicant shall obtain the necessary application forms
from the Planning Division.Application forms when
properly completed and accompanied by the required fee and
required material shall be submitted to the Planning
Division.
C. If the application request requires an amendment of the
City's adopted General Plan and/or an adopted Specific
Plan,the applicant shall submit an application to amend
the General Plan or adopted Specific Plan prior to or
simultaneously with the application for a PC District.
D. The Planning Division shall distribute the PC application
and supporting materials (pursuant to Apache Junction City
Code,Volume II,Land Development Code,Chapter 1,Zoning
Ordinance,Article 13,Amendments and Changes,and other
relevant documentation to each responsible department for
review and comment.
E. Written responses shall be obtained by the applicant from
public or quasi -public agencies identified by the Planning
Manager as being stakeholders in the outcome of the
development proposal within the timeframe defined above.
The Planning Manager or assigned designee shall compile all
of the comments and recommendations and submit a written
report to the applicant.
F. The revised PC Development and Standards Plan shall be
resubmitted to the Planning Division for further evaluation
by the Planning Manager and the reviewing agencies.
1-26-5 ADOPTION OF A PC DISTRICT
A. The PC District shall be adopted in accordance with
procedures set forth in the Development and Standards Plan.
The Planning and Zoning Commission and City Council shall
consider the PC Development and Standards Plan as part of
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the rezoning application and all provisions and protocols
set forth in Section 1-26-6.
B. At the time a PC District is approved by the City Council,
the associated Development and Standards Plan shall become
an integral part of the Apache Junction zoning regulations
for the PC District established by the City on the
property.All future development within the adopted PC
District shall thereafter be in conformity with the
Development and Standards Plan.
1-26-6 FINDINGS
Before approval or adoption of an application for a PC District,
the Planning and Zoning Commission and the City Council shall
find:
A. That the development proposed is in conformance with the
General Plan.
B. That the streets and thoroughfares proposed are in
_conformance with the General Plan.
C. The Planning and Zoning Commission and City Council shall
further find:
1. In the case of proposed residential development, that the
development will promote Compatible buildings and uses
and that it will be compatible with the character of the
surrounding area; and
2. That the conceptual site locations proposed for public
facilities such as schools,fire protection,law
enforcement,water,wastewater,streets,public services
and parks,are adequate to serve the anticipated
population within the PC District.
3. In the case of proposed commercial,industrial,
institutional,recreational and other non-residential
uses or mixed -uses,that such development will be
appropriate in area,location and overall planning for
the purpose intended.
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1-26-7 FUTURE DEVELOPMENT
Upon adoption of the PC District, the applicant may then proceed
with the development of the property in accordance with an
approved Development . Agreement or adopted PC Zoning District
approval.Legal descriptions for each affected development unit
must be provided with subdivision plats or site plan
applications.
The Planning and Zoning Commission will not take any subsequent
approval action on a project within thirty (30) calendar days of
the City Council's adoption of the PC District..
1-26-8 •DEVELOPMENT AGREEMENT
The PC District may also be adopted at the same time as a
Development Agreement between the City and the Developer.Said
Development ,Agreement shall specify all provisions and
regulations needed to implement the Development and Standards
Plan and amendments thereto.
1-26-9 AMENDMENTS AND ADJUSTMENTS
A. Changes to the PC District Development and Standards Plan
may be requested by the applicant or its successors.
Changes to the approved PC District and Development
Standards Plan shall be delineated as Amendments or
Adjustments.These changes to the approved PC Development
and Standards Plan may be limited to one or more
development units and any proposed change will not affect
development units not included in the proposed amendment or
adjustment.
B. Criteria for distinguishing between Amendments and
Adjustments shall be provided as part of a Development
Agreement and/or Development Plan approved by the City
Council.
C. An action or decision by the Planning and Zoning Commission
on Adjustments may be appealed by the applicant within
seven (7)days from the date of the Planning and Zoning
Commission's decision.
(a)Appeals shall be in writing on a form provided by the
Planning and Zoning Commission and shall include the
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specific items being appealed and the nature upon
which the decision was in error.
(b)The Planning and Zoning Commission shall transmit to
the City Council a report and any background material
regarding the appeal to the City Council for its next
regularly scheduled meeting within thirty (30) days of
receipt of any appeal.
1-26-10 ADMINISTRATION AND ENFORCEMENT
A. While ownership of a project may subsequently be
transferred (in whole or in part),PC District zoning will
continue to be implemented and maintained on the total
acreage of the PC District zoned project.It is the
responsibility of the owner to notify all prospective
purchasers of the existence of the PC District and the PC
Development and Standards Plan.It is also the
responsibility of the owner to initiate a dialogue with the
Planning Manager to ensure the program of development can
be administered to comply with all of the processing time
frames and hearing schedules required.
B. In the event that the applicant has failed to comply with
the conditions adopted by the City Council in conjunction
with the approved PC District and the PC Development and
Standards Plan,the City may enforce non-compliance as a
viblation of the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Article 13,
Amendments and Changes.
1-26-11 DEFINITIONS
Development Unit:An approximate subarea within a specifically
defined PC boundary containing singular or multiple designated
land use and zoning classifications.,Multiple classifications
or mixed -use classifications may be permitted in the PC District
in conformance with the General Plan.A development unit in
text or table format is the same area as referenced on a map but
describes the area in more specific detail.The City Council
may approve a particular definition of subarea or development
unit for any individual PC District,•
Development and Standards Plan:A narrative report with
existing conditions map and background information describing
the characteristics,components and timing of the proposed PC
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District by development unit(s);it also includes a Standards
Report containing a development unit matrix describing density,
zoning districts and applicable development standards and
contains a multi -faceted d6velopment plan,organized by
development unit, demonstrating how the Standards Report will be
implemented.The Development Plan illustrates the proposal's
relationship and conformity with adjacent land uses, circulation
systems and the provision of utilities and other public
services.
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